July 1651: An Act for the sale of several Lands and Estates forfeited to the Commonwealth for Treason.

July, 1651

[16 July, 1651.]

Delinquents names, whose Estates are appointed to be sold by this Act.

Whereas the Estates of sir John Stowel late of Cudderstone in the County of Somerset Knight of the Bath, George Duke of Buckingham, John Earl of Bristol, George Lord Digby, William Earl of Newcastle, sir William Widdrington late of Widdrington Castle in the County of Northumberland Knight, sir Philip Musgrave of Cadwel in the County of Cumberland Baronet, sir Marmaduke Langdale late of North Dalton in the County of York Knight, sir Richard Greenvile late of Stowe in the County of Cornwal Knight, sir Francis Doddington late of Barrow in the County of Somerset Knight, sir John Culpepper late of Hollingborn in the County of Kent Knight, sir John Byron late of Newsted-Abby in the County of Notingham Knight, Edward Earl of Worcester, sir John Winter late of Lidney in the County of Gloucester Knight, Matthew Boynton late of Scarborough in the County of York Esq; sir Lewis Dives late of Bromham in the County of Bedford Knight, Thomas Levison late of Wolverhampton in the County of Stafford Esq; James Earl of Derby, John Marquess of Winchester, sir Ralph Hopton late of Wittham in the County of Somerset Knight of the Bath, sir George Ratcliff late of Colton in the County of the City of York Knight, Francis Lord Cottington, sir Edward Harbert late of Parsons-Green in the Parish of Fulham in the County of Middlesex Knight, Edward Hide late of Purton in the County of Wilts Esq, otherwise called sir Edward Hide, Richard Lane late of Kingsthorp in the County of Northampton Esq, deceased, otherwise called sir Richard Lane, Robert Long late of the City of Westminster Esq; Thomas Tilsley late of Myerscow in the County of Lancaster Esq; James Earl of Castlehaven, Philip Cartaret Esq; Son and Heir of sir Philip Cartaret Knight deceased, John Bodvile late of in the County of Esq; Peter Pudsey of St. Huton in the County of York Gent. James Bunch late Alderman of the City of London, sir Edward Nicholas late of the City of Westminster Knight, Marmaduke Roydon, late of the City of London Merchant deceased, sometimes called sir Marmaduke Roydon, John Stowel and Edward Stowel, Esqs, sons of the said sir John Stowel, Marmaduke Langdale Esq; son of the said sir Marmaduke Langdale, Thomas Earl of Cleveland, Thomas Lord Wentworth eldest son of the said Earl of Cleveland, Charles Townley late of Nockton in the County of Lincoln Esq; sir Piercy Harbert son of the Lord Powys, George Benion late of Mussel-Hill in the County of Middlesex Esq; otherwise called sir George Benion, sir Henry Slingsby of Redhouse in the County of York Baronet, William Kains of Roddipole in the County of Dorset Esq; sir Francis Howard late of Naward in the County of Cumberland Knight, Thomas Haggerston late of Haggerston in the County of Northumberland Esq; otherwise called sir Tho. Haggerston, Andrew Coggan late of Greenwich in the County of Kent Merchant, commonly called sir Andrew Coggan, John Robinson late of Gwersey in the County of Denbigh Gent. sir Richard Tempest late of Stella in the County of Durham Baronet, sir Thomas Riddle late of Newcastle upon Tyne Knight, sir John Marlow of Newcastle upon Tyne Knight, Edward Grey late of Chillingham in the County of Northumberland Esq; David Jenkin senior of Cowbridge in the County of Glamorgan Esq; Henry Lord Wilmot, Philip Earl of Chesterfield, John Denham late of Egham in the County of Surrey Esq; son and Heir of sir John Denham Knight deceased, late one of the Barons of the Court of Exchequer, sir Robert Hatton late of Bennyfield-Lawn in the County of Northampton Knight, sir Thomas Riddle the yonger, late of the Town and County of Newcastle upon Tyne Knight, sir John Somerset late of Ragland in the County of Monmouth Knight, Roger Bodenham of Rotheras in the County of Hereford Esq; sir Henry Beddinfield of in the county of Norfolk Knight, Thomas Beckwith of Beverley in the county of York Gent. Henry Percy Esq; Christopher Lewkenor late of the Middle Temple Esq; Rowland Ayre of Hassop in the county of Derby Esq; John Gifford of Wolverhampton in the county of Stafford Esq; James late Earl of Cambridge, commonly called Duke Hamilton, William Hamilton brother of James late Earl of Cambridge, John Earl of Lodderdale in Scotland, sir Arthur Aston late of the city of Oxford in the county of Oxford Knight, and Cutbert Morley late of Seymour in the county of York Esq; have been and are hereby declared and adjudged to be justly forfeited by them, for their several Treasons against the Parliament and people of England.

The Manors Lands, &c. of the said Delinquents vested in Trustees.; Trustee's names.; Tenure.; The Trust.; Saving.; All Estates before 20 May 1642.; The names of the Committee for removing Obstructions.; Their power.; Till 1 December 1651

Be it therefore Enacted, and it is Enacted by this present Parliament, and the authority thereof, That all the Manors, Lands, Tenements and Hereditaments, with their and every of their Appur tenances whatsoever, which they the said sir John Stowel, George Duke of Buckingham, John Earl of Bristol, George Lord Digby, William Earl of Newcastle, sir William Widdrington, sir Philip Musgrave, sir Marmaduke Langdale, sir Richard Greenvile, sir Francis Doddington, sir John Culpepper, sir John Byron, Edward Earl of Worcester, sir John Winter, Matthew Boynton, sir Lewis Dives, Thomas Levison, James Earl of Derby, John Marquess of Winchester, sir Ralph Hopton, sir George Ratcliff, Francis Lord Cottington, sir Edward Harbert, sir Edward Hide, Richard Lane, Robert Long, Thomas Tilsley, James Earl of Castlehaven, Philip Cartaret, John Bodvile, Peter Pudsey, James Bunch, sir Edward Nicholas and Marmaduke Roydon sometimes called sir Marmaduke Roydon, John Stowel, Edward Stowel, Marmaduke Langdale, Thomas Earl of Cleveland, Thomas Lord Wentworth, Charls Townley, sir Percy Harbert, sir George Benion, sir Henry Slingsby, sir Francis Howard, William Kains, sir Thomas Haggerston, Andrew Coggan, commonly called sir Andrew Coggan, John Robinson, sir Richard Tempest, sir Thomas Riddle, sir John Marlow, Edward Grey, David Jenkin, Henry Lord Wilmot, Philip Earl of Chesterfield, John Denham, sir Robert Hatton, sir Thomas Riddle the yonger, sir John Somerset, Roger Bodenham, sir Henry Beddingfield, Thomas Beckwith, Henry Percy, Christopher, Lewkenor, Rowland Aire, John Gifford, James late Earl of Cambridge, commonly called Duke Hamilton, William Hamilton, John Earl of Lodderdale, sir Arthur Aston and Cutbert Morley, or any of them, or any for their use, or in trust for any of them, were seised or possessed of, in Possession, Reversion or Remainder, on the Twentieth day of May, One thousand six hundred forty two, or at any time since, and all Rights of Entry in or to the said Manors, Lands, Tenements or Hereditaments, which they or any of them had the said Twentieth day of May, One thousand six hundred forty and two, or at any time since, be and are hereby vested, setled, adjudged and deemed to be, and are hereby in the real and actual possession and seisin of William Skinner, William Robinson, Sampson Sheffield, Samuel Gooking, Henry Sealy, William Lisle and Arthur Samuel, Esquires, and the Survivors and Survivor of them and their Heirs and Assigns, and that they and the Survivors and Survivor of them and their Heirs, shall and may have the benefit and advantage of the said Rights of Entry unto the said Manors, Lands, Tenements and Hereditaments, and every of them, and that they, their Heirs and Assigns, shall hold all and every part and parcel of the said premises of the Manor of East Greenwich in free and common Soccage by Fealty onely, and by no other tenure or service whatsoever: Nevertheless upon trust and confidence that the said William Skinner, and other the persons aforenamed, or any five or more of them, shall have, hold and enjoy, all and singular the premises and every of them, subject to such trust and uses, as by this Act, or in and by authority of Parliament shall be hereafter further directed and appointed, and shall dispose of the same accordingly; Saving to all and every person and persons, Bodies Politique and Corporate, their Heirs, Successors, Executors, Administrators and Assigns, and every of them (other then the said sir John Stowel, George Duke of Buckingham, John Earl of Bristol, George Lord Digby, William Earl of Newcastle, sir William Widdrington, sir Philip Musgrave, sir Marmaduke Langdale, sir Richard Greenvile, sir Francis Doddington, sir John Culpepper, sir John Byron, Edward Earl of Worcester, sir John Winter, Matthew Boynton, sir Lewis Dives, Thomas Levison, James Earl of Derby, John Marquess of Winchester, sir Ralph Hopton, sir George Ratcliff, Francis Lord Cottington, sir Edward Harbert, sir Edward Hide, Richard Lane, Robert Long, Thomas Tilsley, James Earl of Castlehaven, Philip Cartaret son and heir of the said sir Philip Cartaret Knight deceased, John Bodvile, Peter Pudsey of St. Huton aforesaid, James Bunch, sir Edward Nicholas, Marmaduke Roydon deceased, sometimes called sir Marmaduke Roydon, John Stowel, Edward Stowel, Marmaduke Langdale, Thomas Earl of Cleveland, Thomas Lord Wentworth, Charls Townley, sir Percy Harbert, son of the Lord Powys, sir George Benion, sir Henry Slingsby, William Kains, sir Francis Howard, sir Thomas Haggerston, Andrew Coggan, John Robinson, sir Richard Tempest, sir Thomas Riddle, sir John Marlow, Edward Grey, David Jenkin, Henry Lord Wilmot, Philip Earl of Chesterfield, John Denham, sir Robert Hatton, sir Thomas Riddle the yonger, sir John Somerset, Roger Bodenham, sir Henry Beddingfield, Thomas Beckwith, Henry Percy, Christopher Lewkenor, Rowland Aire, John Gifford, James late Earl of Cambridge, commonly called Duke Hamilton, William Hamilton, John Earl of Lodderdale, sir Arthur Aston and Cutbert Morley, or any of them, and all others claiming, or to claim by, from or under them or any of them, or to the use of, or in trust for them or any of them, since the Twentieth day of May, One thousand six hundred forty two; and other then the Rights and Title of Dower of the respective Wife and Wives of them, or any of them) All such Estates, Interests, Rents, Incumbrances, Charges, Rights in Law or Equity, which they or any of them had, or ought to have had in or to the said Manors, Lands, Tenements or Hereditaments, or any of them, before the said Twentieth day of May, One thousand six hundred forty two; as also all and every the Estates and Interests, given, granted, demised, allowed of or confirmed by any Act, Order or Ordinance of Parliament, or lawful authority derived from them unto any person or persons, Body Politique or Corporate, who have constantly adhered, and been faithful unto this Parliament, and whose Estates have not otherwise been revoked or altered by this Parliament: If such person or persons, Bodies Politique or Corporate, their Heirs, Successors, Executors, Administrators or Assigns, do make his or their Right, Title, Interest, Claim, Demand, Charge, Incumbrance or Estate in Law or Equity appear, and shall obtain an allowance thereof before Lislebone Long, Richard Edwards, Richard Saloway, Thomas Lister, John Dormen, Humphrey Edwards, Thomas Challenor, Henry Smith, John Corbet, William Leman, Humphrey Salwey, John Carew, Henry Martin, Esqs; sir John Bourchier Knight, Luke Robinson, Daniel Blagrave, Francis Allein Alderman of London, William Sey, Edward Ash, Henry Nevil, Esquires; sir Henry Mildmay Knight, John Brown Esquire, sir William Constable Baronet, John Downs, Thomas Pury, William Ellis, Esquires, sir Thomas Widdrington Knight, Sergeant at Law, Nicholas Lechmere, John Trenchard, Cornelius Holland, Esquires, sir William Brereton Baronet, Edward Nevil Esquire, Edmond Prideaux Attorney General, Robert Reynolds Solicitor General, John Gurdon, Carew Raleigh, Luke Hodges, Denis Bond, John Moyle, Gregory Clement, Robert Goodwin, Esquires; Philip Lord Lisle, George Thompson Esquire, sir William Masham Baronet, Edmund Harvey, James Challenor, James Nut, Augustine Garland, Esquires, and sir William Allanson Knight, or any five or more of them, who are hereby constituted a Committee for removing Obstructions in the sale of the said Lands, and may execute all and every the Powers and Authorities formerly granted by any Act or Ordinance of this present Parliament, to any Committee for removing Obstructions in the sale of any Lands appointed by Parliament to be sold; and they, or any five or more of them, are hereby constituted and appointed a Committee to receive such Claim in Writing and to examine, allow, adjudge and determine the same, by such proof upon Oath, which the said Committee or any five or more of them are hereby impowered to administer, or by such other ways or means as shall be required and approved of by them or any five or more of them, at or before the First day of December, Anno Dom. One thousand six hundred fifty one, whose Judgement and Determination shall by authority of this present Parliament, stand confirmed and good, according to the tenor and purport thereof; which said Judgement or Determination shall be, and may be transmitted by them or any five or more of them, to the Trustees in this Act named, by them to be entred and observed accordingly; And the Trustees, Treasurers, Register-Accomptant and SurveyorGeneral named in this Act, and other persons imployed in or about the said Service, are required to observe such Orders and Directions as from time to time they shall receive from the said Committee: And the said Committee shall and may allow all incident Charges for the necessary carrying on of the said Service.

Trustees to stand seized of the premises, till Conveyance.; Rectories, &c. excepted.

And for the better encouragement and security of such person or persons as shall be Purchasers of the said Lands, Be it Enacted, Ordained and Declared by the Authority aforesaid, That the said William Skinner, and other the persons before named as Trustees, the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall stand and be seized of all and singular the said premises, vested and setled in them and their heirs (excepting Rectories Impropriate, Parsonages Impropriate, Tythes, Composition for Tythes, Portions of Tythes, Donatives, Oblations, Obventions, and Rents issuing out of Tythes) until the Estate and Conveyance thereof shall be made unto any person or persons, Body Politique or Corporate, as shall be Purchaser or Purchasers thereof, or of any part thereof, for the paying and satisfying the respective Lenders within this Act, and unto such further use and uses as shall be declared by Parliament.

Trustees to appoint Surveyors.

And be it further Enacted by the Authority aforesaid, That the said persons aforementioned as Trustees, or any five or more of them, shall have power and authority to make, nominate and appoint from time to time, by writing under their hands and seals, fit and able persons, such as they shall think fit, to survey the premises in any County or Counties of England or Wales, or in the Isle of Jersey, or Town of Berwick upon Tweed, who are hereby enabled and authorized to keep Courts of Survey for the better discovery of the premises, and the value thereof; and to pursue such further Instructions as shall be appointed from time to time by the Parliament, or such as shall be authorized thereunto.

Instructions for the Surveyors.

Instructions for the Surveyors.

I. That the said Trustees, or any three or more of them, shall have power, and are hereby authorized to send to the Clerk to the Commissioners for compounding, for a Particular of all and singular the Manors, Lands and Estates now under sequestration, lately belonging to all and every the Traitors in this Act named respectively; together with the Counties and Parishes, or Towns where the same do lie, and the yearly Rent for which the same are now let, which Particular the said Clerk is hereby required to make and deliver.

II. That out of the said Particular the said Trustees, or any three or more of them, shall cause an Abstract to be made of the particular Manors, Lands and Estates, of all or any the said Delinquents in each County.

III. That the said Trustees, or any three or more of them, shall appoint and make choice of so many fit and able persons experienced in the mystery of Surveying, as shall be necessary for the surveying of the premises, and appoint unto them what and how many Counties they shall intermeddle with, proportioning the same so, as may best facilitate and expedite the Work with least burthen to the Commonwealth; and setting down unto each of them a certain time for the return of the Surveys within the respective Counties within their Instructions, according to the quantities of the premises lying within such Counties so by them to be surveyed, which Returns the said Surveyors are to make by the time limited accordingly.

IV. That the said Surveyors, or any three of them, shall have full power and authority to enter into, and survey all or any of the premises, or any part thereof lying within the respective Counties so allotted unto them, as well by the Oathes of good and lawful men, as by all other lawful ways and means to enquire and finde out all and every other Manors, Lordships, Granges, Messuages, Lands, Tenements, Meadows, Leasowes, Pastures, Woods, Rents, Reversions, Services, Parks, Annuities, and other Possessions, Priviledges, Liberties, Immunities and Hereditaments whatsoever, of what nature or quality soever they be, lying within every such County or Counties, or any City, Town, Borough or Place, within such County or Counties, which lately, or at any time since the twentieth day of May, One thousand six hundred forty two, did belong unto any Traytor or Traytors in this Act particularly named, or to any other person or persons in trust for him, them or any of them, and how much thereof is in Possession, Reversion or Remainder, and the true yearly value thereof; and what Estates thereof now in being, were granted before the said twentieth day of May, One thousand six hundred forty two; And what Rents, Services, and other Duties are reserved and payable, during such Estate, or issuing out of the same; and also what of the premises are chargeable to and with any good, pious and charitable use or uses; and also to enquire and survey what Timber, Buildings, open Quarries and Mines are upon the premises, and to make two particular Surveys and Certificates of their proceedings.

V. That the said Surveyors or any three of them, shall have power to keep Courts of Survey within any of the said Manors and premises, and to call before them the Tenants, and other persons who claim any Interest in the premises, to shew their Writings and Evidences, and discover what Right, Title or Interest they or any of them have or may claim of, in, to, or out of the same, or any part thereof; and also to examine upon Oath any person or persons (other then such as have or claim to have any Interest or Title therein) for or concerning the discovery of the Contents, Meets, Bounds, Extents, Title, Rents, Improvements, Valuations and Jurisdictions of all or any of the Premises; and for the discovery of any Records, Evidences or Writings concerning the same; And that the said Surveyors or any three or more of them, have hereby power to administer an Oath for the purposes aforesaid.

VI. That the said Surveyors or any three or more of them, shall return one of the said Surveys to the said Trustees, and the other to the Register nominated and appointed by this Act, together with all Records, Evidences and Writings concerning the same.

VII. That no Surveyor or any his Childe or Children, or any in trust for him or them, shall be admitted to be a Purchaser of any part of the Lands and Premises surveyed or to be surveyed by himself, upon pain of losing his or their purchase money, and the purchase to be void.

VIII. That the said Trustees or any five of them, do take a due Accompt of the Surveyors discharge of their Duties, and have power, in case of Neglect or Unfaithfulness, to put out such Surveyor, and to put another fit person in his room.

IX. That the said Surveyors shall each of them, before he shall take upon him the execution of the said Office, take before any three of the said Trustees (who have hereby power to administer the same) the Oath following; viz.

Surveyors Oath.

I A.B. do swear, That I will faithfully and truly, according to my best skill and knowledge, execute the place of Surveyor, according to the purport of an Act of this present Parliament, entituled, An Act for the sale of several Lands and Estates, forfeited to the Commonwealth for Treason; and according to the Instructions thereunto added, I shall use my best endeavor and skill to discover the Estate therein mentioned, and every part thereof which shall be given me in Charge, and to finde out the true values and improvements thereof, and thereof shall make true Surveys according to my best skill and cunning; and the same from time to time to deliver in Writing, close sealed up, unto Ralph Darnal Esq; the Register in that behalf appointed; together with a true Copy or Duplicate thereof, likewise close sealed up, to the said Trustees or any two of them, according to the true intent and meaning of the said Act And this I shall justly and faithfully execute without any Gift or Reward, directly or indirectly, from any person or persons whatsoever, Except such Allowances as the said Trustees or the major part of them shall think fit to make unto me, for my pains and charges, in the executing of the said Place or Office.

All Sheriffs &c. to be aiding to the Surveyors.; Trustees to call them to accompt.

And all Sheriffs, Majors, Bayliffs, Justices of the Peace, and other persons, are hereby required to be aiding and assisting to the said Surveyors and every of them, in the execution of this Act. And the said Surveyors are hereby authorized to demand, require, receive, and put in safe custody the Charters, Deeds, Books, Accompts, Rolls, Writings and Evidences that concern the premises or any part thereof, to the end the same may be put in such place as the said Trustees, or any five or more of them shall appoint. And the said Trustees or any five or more of them, are hereby authorized from time to time, to call to accompt any Surveyor or Surveyors, or other Officers by them named and appointed: And if they shall finde them or any of them deficient or unfaithful in pursuance of the duty or trust in them reposed, by unnecessary delay, or otherwise, that then they shall and may remove them or any of them which they shall so finde deficient or unfaithful, and nominate and appoint others in their stead.

To take Council, and appoint Officers.

And it is further Enacted, That the said Trustees, or any five or more of them, are hereby authorized to take unto them such Council Learned, and to appoint other Officers, as any five or more of them shall think necessary; and to give such Fees, and make such Allowances to them or any of them, as shall be approved of by the Committee herein named.

To observe Instructions from the Parliament.

And it is further Enacted, That the said Trustees or any five or more of them, shall observe and pursue such Instructions as they shall receive from time to time from the Parliament, or such as shall by them be authorized thereunto.

Trustees to contract for sale of the premises.

And it is further Enacted, That the said William Skinner, William Robinson, Sampson Sheffield, Samuel Gooking, Henry Sealy, William Lisle and Arthur Samuel, or any five or more of them, shall have power and authority, and are hereby impowered and authorized, to Treat, Contract and agree, with any person or persons, Body Politique or Corporate, for the sale of the Premises or any part thereof, upon such Particular or Certificate and value, as shall be delivered in unto them under the hand of the Register or his Deputy, as hereafter shall be by this Act nominated and appointed.

Thirty days pre-emption allowed the immediate Tenant.

Provided, That the said Trustees shall not Treat or Contract with any person or persons, Body Politique or Corporate, other then the immediate Tenant or Tenants of the said Delinquents Lands, for the respective Lands, Tenements or Hereditaments, which he or they so hold, for the space of thirty days, to be accompted from the return of the Survey thereof. And in case such tenant or tenants do not agree, contract and subscribe his or their Contract within the said thirty days, that then the said Trustees may proceed to the sale thereof to any person or persons, Body Politique or Corporate whatsoever.

Not to sell under ten years purchase in possession.; Other Rules.; Reversions how to be sold.

And it is further Enacted, That the said Trustees shall not sell any of the Lands, Possessions or Hereditaments of the said Traytors in Possession under ten years purchase: And the said Trustees shall not sell a Reversion of the said Lands and Hereditaments upon a Lease for one life, under five years purchase: And that a Reversion of such Lands and Hereditaments upon a lease for two lives, shall not be sold under three years Purchase: And that a Reversion of the said premises upon a Lease for three Lives, shall not be sold under two years Purchase: And where any tenant or tenants of any of the premises, claim a Right to have a Customary Estate in Reversion, or by the Custom may grant or make Leases for Life or Lives, the Reversion shall be sold proportionably to this Rate: And the said Trustees shall not sell a Reversion of the said premises upon a Lease for seven years, under five years and an half Purchase: And that a Reversion upon a Lease for fourteen years, shall not be sold under three years and an half Purchase: And that a Reversion upon a Lease for one and twenty years shall not be sold under two years, and an half Purchase: And all other Reversions upon Leases for more or fewer years, shall be sold proportionable to this Rate.

And it is further Enacted, That the said T ustees named in this Act, shall take the Oath hereafter expressed, before the Lords Commissioners for the Great Seal of England, or one of them; viz.

Trustees Oath.

I A. B. do swear, That I will, according to my best skill and knowledge, faithfully discharge the Trust committed unto me, in relation to an Act of Parliament, Entituled, An Act for the Sale of several Lands and Estates forfeited to the Commonwealth for Treason: And that I will not for favour or affection, reward or gift, or hopes of reward or gift, break the same.

Instructions for the Trustees.

Instructions for the Trustees.

They shall peruse all Surveys returned and to be returned of the said Lands and premises, and amend upon due proof before them upon Oath, all mistakes in Misnomer of any person or persons, places or things; and likewise without Oath to amend all other Misprisions in miscasting the Total of any particular sum of Money, or number of Acres, or such other like mistakes; and also make such Amendments in Surveys returned, and insert such words of course in Particulars or Conveyances, as they shall think fit or necessary to pass such Estates as they shall Contract for to the Purchasers, according to the true intent and meaning of the Contracts which they shall make; And shall be impowered to Order and Direct the respective Surveyors to review or amend any Surveys returned, as they shall see cause; and also to add by way of Supplements to Certificates of any Estates which shall be made to appear to them.

Ralph Darna Register.

And for the better carrying on of the said service, Be it Enacted and Ordained by the Authority aforesaid, That Ralph Darnal Esq: shall be Register, and shall have the custody and keeping of all Records, Charters, Evidences, Court-Rolls, Leger-books, Writings, Books of Survey, Certificates, and other things of or concerning the Lands and Possessions of the said Traytors, or other premises, and shall follow such Directions and Instructions as shall be given by Parliament.

Instructions to be observed by the Register.

Instructions for the Register.

I. That he do receive all Surveys and Certificates to be returned by the Surveyors, and immediately after the return thereof, fairly Enter and Register the same in Books to be kept by him for that purpose, and in an orderly maner File, Bundle up, and safely keep the Originals.

II. That he do weekly or oftner, certifie to the Trustees, what Surveys and Certificates are returned to him, and of what Manors or otherwise, as the Case shall require.

III. That upon Warrant from the Trustees, he do make forth and fairly engross in Parchment, particulars of all such Manors, Lands, Tenements and Hereditaments, Buildings, Woods, and other things surveyed and certified into his Office by the Surveyors; Whereupon the Trustees are to proceed, or intend to make any sale, after that the same Surveys shall be allowed of by the Surveyor-General (to whom the Register and Trustees are within three days after the return of such Survey, to send the same for that purpose) and that he do examine and signe the said Particulars, and deliver them to the Trustees.

IV. That upon Contracts or Agreements made by the Trustees, for any the Manors, Lands, Tenements, Hereditaments, Buildings Woods, or other things contained in any Particular made forth, signed and delivered unto them by the Register, the said Particular be returned to the Register, together with the Order of Agreement, and Contract made with the Purchaser thereupon.

V. That upon return thereof, he do forthwith rate the Particular, and ascertain the Purchase-Moneys, how much it comes to, and at how many years purchase the Particulars contracted for are sold, and enter the same upon the same Particular; together with such other proceedings as shall be required by the Contract.

VI. That he do return the Particulars thus Rated and Ascertained, to the Trustees, who are to sign the same, to attest the Agreement, and thereupon to draw up and seal Conveyances thereof to the Purchasers accordingly.

VII. That all Particulars thus finished, together with all proceedings thereupon, be fairly Entred or Registred by the said Register, and be safely kept by him as Records; And that after such Entring and Registring thereof, the Register do deliver the said Particulars unto the Trustees, to perfect the sale as aforesaid.

VIII. That he do weekly make Certificate to the Treasurer, Comptroller and Register-Accomptant, of all Rates of Particulars, and of all Moneys payable upon any Contract upon any Particular, how much thereof is to be paid in hand, and how much to be forborn, and for what time, and how and in what maner the sum or sums to be forborn are to be secured.

IX. That the said Register and his Deputy respectively, before they shall execute the said respective Offices, shall take before three of the said Trustees, the Oath hereafter following, which the said Trustees or any three of them, have hereby power to administer; viz.

Registers Oath.

You shall well and truly execute the Office and place of Register, for the sale of several Lands and Estates forfeited to the Commonwealth for Treason, according to the Act of Parliament, & Instructions in that behalf made; and not for fear, favor, malice or reward, violate the Trusts in you reposed.

100 l. yearly Salary to the Register.

The like Oath Mutatis mutandis for the Deputy-Register: And the said Register shall have and receive the yearly Salary of One hundred pounds, payable upon the first day of March, and the first day of September, by equal Portions, out of the Receipts, Rents, and Revenues arising out of the premises, by the hands of the Treasurers thereof, which the said Treasurers are hereby authorized and required to pay accordingly; and the Acquittance of the said Register shall be a good discharge to the said Treasurers and every of them, for the payment thereof: And that the said Register shall have such other Fees for Writing, Rating and Signing the said Particulars and otherwise, in the Execution of the said Office, as shall be allowed of by the Committee herein named.

Trustees power to convey the premises.; Purchasers to enjoy what they purchase free from all incumbrances.; Trustees may plead the General Issue.

And be it further Enacted by the Authority aforesaid, That the said Trustees, or any five or more of them, shall have power and authority, and are hereby impowered, authorised and required to convey the premises or any part thereof, by Bargain and Sale, Inrolled according to the Statute, or otherwise by good and sufficient Conveyance and Assurance in the Law, to any person or persons whatsoever, according to such Contract or Contracts as shall be made by the said Trustees or any five or more of them: And that all Bargains of Sale, Conveyances and Assurances made of any Estate or Estates in Fee-simple, according unto such Contracts as shall be agreed upon between the Purchaser or Purchasers, and the said Trustees before named, or any five or more of them, shall be good and effectual in Law, to all intents and purposes. And all and every Purchaser or Purchasers of the premises or any part thereof, his Heirs and Assigns, shall have, hold and enjoy the premises that shall be by him or them purchased, discharged of all trusts and accompts whereunto the said Trustees are or may be lyable by vertue of this present Act; and of all suits and questions that may arise or be moved upon pretence of Sale at undervalues, and all other claims and demands whatsoever; and of all incumbrances made by the said Trustees, or by any claiming under them or any of them: And that the said premises shall not be lyable unto, but stand, and shall be free and discharged of and from all and all maner of Statutes, Judgments, Recognizances, Dowers, Jointures and other Acts and Incumbrances whatsoever, had, made, done or suffered, or to be had, made, done or suffered, by, from or under the said Trustees, other then such Conveyances and Assurances as shall be by them had, made, done or suffered, in performance and pursuance of the Sales and Contracts respectively made, according to the intent of this present Act. And if any Action shall be brought against the said Trustees or Treasurers, or any of them, for any act done by them or any of them, in execution of this Act or Instructions, unto which it relates, or against any Purchaser or Purchasers of any of the premises hereby appointed to be sold, his or their Heirs or Assigns, Then he or they are hereby enabled to plead the General Issue, and to give this Act in Evidence; and if a Judgement pass for them, they shall recover double costs.

250000 l. to be borrowed on the security of the premises.

And whereas the Parliament do finde it necessary to raise a considerable sum of Money for the necessary carrying on the Services of this Commonwealth, Be it therefore enacted and ordained, and it is enacted and ordained, That the sum of two hundred and fifty thousand pounds shall be borrowed upon the Security of the Lands of the said Traytors, by way of doubling the like sum, as is or shall be due unto any person or persons, Bodies Politique or Corporate, upon the Publique Faith; or which might have been doubled by vertue of any Act, Order or Ordinance of this present Parliament, and hath not formerly been doubled upon the Credit of Bishops, or Deans and Chapters Lands: And that all and every person and persons, Bodies Politique or Corporate, for every sum of Money he or they shall further lend, may and shall be secured the Moneys formerly owing as aforesaid; And such other Moneys as he or they shall advance for the raising Two hundred and fifty thousand pounds, upon the Lands of the said Delinquents in this Act named: As for example, If there be owing to any person or persons, Body Politique or Corporate, One hundred pounds principal Money, for which he or they are to have Interest, which together with Interest due thereupon, for Three years, will make One hundred twenty four pounds, he or they advancing One hundred twenty four pounds, may and shall be secured Two hundred forty eight pounds as aforesaid, and so proportionable for a greater or a lesser sum. And for the more speedy reimbursing of such Lenders, the Lands as aforesaid of the said Traytors in this Act named, are estated and vested in the said Trustees for the speedy sale thereof: And the said Trustees are hereby impowered and authorized, to pursue the Rules and Instructions for doubling of Money, as is appointed and declared in the several Acts of this Parliament for the sale of Dean and Chapters Lands.

Names of the Treasurers.

And it is further Enacted, That Sir John Wollaston Knight and Alderman of the City of London, Thomas Andrews, John Dethick, and Francis Allein, Aldermen of the said City, shall be Treasurers for the said Service; And that they or any two of them, are hereby impowered and authorized to receive the said Two hundred and fifty thousand pounds; and all other sum or sums of Money, as from time to time ought to be paid in to the Treasury by vertue of this Act, which shall be issued out and paid according to such Rules and Instructions, as from time to time they shall receive from the Parliament.

Instructions for the Treasurers.

Instructions for the Treasurers.

I. The said Treasurers shall not issue out, or pay any part or parcel of the said two hundred and fifty thousand pounds, to be advanced by way of Doubling, to any person or persons whatsoever, but according to such Orders, Directions and Instructions, as they shall from time to time have and receive from the Parliament, and that then the Receipt of the person or persons authorized to receive the same, shall be a good and sufficient discharge to the Treasurers.

II. That the said Treasurers or any two of them, after their Receipts of the Register-Accomptants Certificate, named in the said Act, of what Principal and Interest is due to any person or persons, Body Politique or Corporate, who shall be Lenders within the intent of this Act; They shall, and are hereby authorized, to give such person or persons a Receipt or Receipts, as well for the old Debt and Interest, stated and certified as aforesaid, as also for the Moneys lent towards the Advancement of the said two hundred and fifty thousand pounds; And the Receipt and Receipts given by the said Treasurers, or any two of them as aforesaid, shall be a good and sufficient Authority for such person or persons, Body Politique or Corporate, their Executors, Administrators and Assigns, to require payment of the sum therein mentioned, together with Interest after the rate of six pounds per Centum, out of the issues and profits of the premises; and in case of failer thereof, to be allowed him or them, their Assignee or Assignees, in the purchase of the said premises or any part thereof.

Register-Accomptant.

And it is further Enacted, That Robert Manwaring Esq; shall be, and is hereby constituted and appointed Register-Accomptant for the said service, who shall pursue such Instructions as shall be appointed from time to time by the Parliament, or such as shall by them be authorized thereunto.

Instructions for the Register-Accomptant.

Instructions for the Register-Accomptant.

The said Register-Accomptant is hereby authorized, upon the Bills, Receipts or Certificates given by any Committee (where by Ordinance of Parliament they are impowered to give the Publique Faith) or from Treasurers, Receivers or Collectors of Money, Plate, Arms, Horses, with their Furniture or Arms, advanced on the Publique Faith, to ascertain the Principal and Interest thereof, and the same to certifie unto the Treasurers or any two of them. Provided, That the said Register-Accomptant do not allow of any Receipt, Certificate or Bill of Publique Faith, but such as shall be allowed by the Trustees named in this Act, or any five or more of them, who are from time to time to observe such Orders, Directions and Instructions, as they shall have and receive from the Parliament concerning the premises.

Surveyor-General.

And be it further Enacted, That John Baker Gent. be SurveyorGeneral of all the said premises, who is hereby authorized, enabled and required to observe such Instructions for the Surveyor-General, as shall be appointed from time to time by the Parliament, or such as shall be by them authorized thereunto.

Instructions for the Surveyor-General.

Instructions for the Surveyor-General.

I. The said Surveyor-General shall within six days next after he shall receive any of the said Surveys from the said Trustees and Register, peruse them, and shall return them back to the Trustees and Register, with his Allowance and Approbation thereupon, if he finde them fit for a Purchaser to proceed upon; after which the Register shall and may make out a Particular of the whole Survey for the Purchaser to contract upon.

II. If the Surveyor-General shall finde the Surveys insufficient for to contract upon, that then he shall within six days after receipt thereof, transcribe so much of the said Survey as is imperfect, and return the same unto the respective Surveyors, and certifie them the causes of his Exceptions, who are hereby enjoyned forthwith to amend the same; But if they cannot, then to certifie him the cause why they cannot amend the same: And notwithstanding the Imperfection, the said Surveyor-General is to return the Surveys to the Trustees and Register, so that the immediate Tenants of any part of the premises expressed in the Survey that is imperfect, may proceed to Purchase.

III. The said Surveyor shall and may, with the consent of three of the Trustees, rectifie and amend mistakes, errors and other matters that are not of substance in any of the said Surveys: And in all cases where the said Surveyor-General can by proof of Witnesses upon Oath (which he hath hereby power to administer) amend any Survey, without any return of the Surveyor; that then he, with the advice and consent of three of the Trustees, shall and may amend the sam.

No Trustee to purchase any part of the premises.

And it is further Enacted and Ordained, That none of the said Trustees, or any other, to their or any to his or their use or uses, or in trust for them or any of them, directly or indirectly, shall or do purchase the said premises, or any part thereof: And if any of the said Trustees, or any in trust for them, or any of them, shall purchase any of the said premises, he and they shall forfeit his or their Estate so purchased, and the moneys paid or to be paid for the same.

Two pence in the pound allowed the Trustees.; One hundred pounds per annum to the Register-Accomptant.; One hundred pounds per annum to the Surveyor-General

And be it Enacted and Ordained by the Authority aforesaid, That the Trustees mentioned in this Act, shall have and receive two pence in the pound for all such Lands, Tenements, and Hereditaments of the said Delinquents, which shall be contracted for and sold by them, and conveyed according to the Rates for which they shall be sold; Provided, That the said Deduction be made according as the Purchaser pays in or defalks his Purchase-money, and not otherwise: And that the Register-Accomptant shall have for his Fee, the sum of One hundred pounds per annum added to his former Salary in his imployment of Dean and Chapters Lands; and that upon determination of that Imployment, he have two hundred pounds per annum for executing the Office of Register-Accomptant of the said premises, payable out of the Rent and Proceed of the said premises by the Treasurers thereof for the time being, on the first of March and first of September, by equal portions: And the said Register-Accomptant shall have and imploy such Clerks under him, as the Committee of Obstructions shall approve of, who shall have such Salary as the said Committee shall think fit, which shall be paid unto them in such maner as by their Order shall be set down and appointed: And that the Surveyor-General shall have for his Fee, for him and his Clerks, for the said service, the sum of One hundred pounds per annum, payable out of the Rents and Proceeds of the said premises by the Treasurers thereof for the time being, on the first of March, and the first of September, by equal Portions.

Any Body Politique or Corporate may purchase without License of Alienation or Mortmain.

And be it further Enacted and Ordained by the Authority aforesaid, That all and every Body Politique and Corporate, shall have power and authority, and are hereby Enabled, to take and purchase to themselves and Successors, any of the said Manors, Lands, Tenements and Hereditaments, to themselves, their Heirs and Successors for ever, without suing forth any License or Licenses of Alienation or Mortmain, Any Law, Statute or Charter to the contrary in any wise notwithstanding.

First moyety of Purchase-money, how to be paid.

And be it further Ordained, Enacted and Declared by the authority aforesaid, That all and every person and persons, Body Politique and Corporate, who shall Contract for any of the said premises, shall pay in, or defalk the first Moyety of his or their Purchasemoneys within Eight weeks after his Contract made; and shall likewise prosecute or procure his or their respective Conveyances from the said Trustees appointed to convey the premises within the said Eight weeks, or otherwise he or they shall forfeit the third part of the whole Moneys payable upon his or their respective Contracts, unless he or they can procure from the said Trustees, or any five or more of them, upon good cause shewn and to be allowed by them, a Certificate or Certificates for further time to perfect his or their Conveyance, which Certificate and further License or Licences as aforesaid, the said Trustees are hereby authorized to give.

What benefit Purchasers shall enjoy.

And be it further Enacted, and it is further Enacted by the Authority aforesaid, That the said Trustees named in this Act, for the Conveying the said premises, and the Purchaser and Purchasers of all or any the said Manors, Lands, Tenements or Hereditaments, belonging to the said Traytors, their and every of their respective Heirs and Assignes, shall have, hold, use and enjoy the like Benefits, Priviledges, Rights, Usages and Customs; and likewise take all Advantages, Benefits of Conditions broken, For feitures or Non-performance of Covenants, Entries or Actions, as the said respective Traytors might have done, or ought to have had or enjoyed.

Comptroller nominated.

And be it further Enacted, That Randal Manwaring Esq; shall be Comptroller of all Entries, Receipts and Payments which shall be made to or by the said Treasurers, and shall have Power and Authority, by himself or his sufficient Deputies, to keep Accompt of all Entries, Receipts, Payments and Discounts whatsoever, which shall be made unto, or by the said Treasurers: And the said Comptroller or his Deputies shall execute the said place of Comptroller in relation to the premises, according to such Instructions and Directions as are given to the Comptroller for the Receipts of Bishops Lands, by an Ordinance of Parliament of the sixteenth of November, One thousand six hundred forty six, and shall receive the like Fee and Salary, and quarterly Payments, as the Comptroller appointed by the said Ordinance ought to have done.

Instructions for the Comptroller.

Instructions for the Comptroller.

I. The Comptroller by himself or his sufficient Deputies, shall attend daily, according to the usual times, and be present at Receipts and Payments made within the said Treasurers Office, and make Duplicates or Entries of the same in fitting Books to be provided and kept for that purpose.

II. That every Purchaser, upon every payment of any sum of Money that he shall make to the Treasurer, shall enter his Acquittance with the Comptroller, which the said Comptroller is to enter without Fee.

III. That the said Treasurers or their Clerk to the Cash, shall weekly upon every Monday morning deliver the Comptroller or his Deputy, a Copy of all Receipts, Payments and Disbursements, and to whom, during the preceding Week, which the Comptroller is hereby required to enter into a Book to be kept for that purpose; and that no payment to be made by the said Treasurers shall be allowed upon their Accompt, unless an Accompt be weekly given as aforesaid.

IV. That the Register shall weekly upon every Monday make Certificate to the Comptroller of all Rates of Particulars, and of all moneys payable upon any such Particulars, Contracts or Bargains made by vertue of the said Act, which shall be forborn upon Security; and how and by whom the same is secured, and at what time payable, which Certificate the Comptroller shall enter in a Book to be kept by him for that purpose: And likewise in the moyety of the Purchase-money (for so much as the same shall be estimated by the Register, in case it cannot be ascertained) at such time as the Trustees Certificate shall appoint; and also agree to pay the second Moyety within six moneths after such payment of the first. Provided, That if the aforesaid estimate of the Moyety of the Purchase-money paid in as aforesaid, shall upon casting up of the Rates appear to be more or less then the true Moyety of the said Purchase-money, that then there shall be such abatement or addition out of, or unto the second payment, as shall reduce and bring it to the just Moyety.

Forfeitures.

And it is hereby Enacted and Ordained, That the forfeitures of all such persons who have any moneys secured unto them by this Act, shall be wholly defalked by the Treasurers out of such moneys, if the same be sufficient to satisfie the same; and if not, then the said Treasurers are to detain so much as is due unto them upon the said Security to be raised, and the residue of the said moneys so forfeited, as is hereafter directed: And such person and persons who have no moneys so secured, and notwithstanding shall contract for the premises or any part thereof, and shall not perfect his or their Conveyance by the time aforesaid, his or their forfeiture shall be levied as in this Act hereafter is directed.

Forfeitures not paid within ten days shall be certified to the Commissioners for Sequestration.

And it is further Enacted and Ordained, That such person or persons as shall incur or make any forfeiture as aforesaid, shall pay in to the Treasurers his or their moneys so forfeited, or so much of it as is unsatisfied, within ten days next after such forfeiture made; and in default thereof, the said Treasurers are hereby required, under their Hands to certifie such neglects of non-payment unto the Trustees, within three days next after such default made: And thereupon the said Trustees or any five of them, are hereby required and enjoyned to make Certificate under their hands, of the sum or sums of money forfeited as aforesaid, unto the Subcommissioners for Sequestrations, in the respective Counties where such person or persons forfeiting as aforesaid, have or hath any real or personal Estate: And the said respective Sub-Commissioners shall, and are hereby authorized and required, upon the receipt of such Certificate from the said Trustees, to Seize and Sequester the real and personal Estate of such person or persons so forfeiting as aforesaid, and the same to detain in their Custody, without sale or disposal thereof, for the space of ten days: And if the said person or persons so Sequestred do pay or cause to be paid in to the said Treasurers; his or their forfeiture within the ten days, that then upon Certificate thereof from the said Treasurers or any two of them, to the said Sub-Commissioners, the said Sub-Commissioners shall discharge the Sequestration of the said real and personal Estate of such person or persons: But in default of such Payment to the said Treasurers within the said ten days, then the said SubCommissioners are hereby authorized and required to levy and raise such sum and sums of Money so certified unto them as aforesaid, by sale of the Goods, and Receipt of the Rents, Issues and Profits of the Lands of such person or persons; And after the said sum so raised, the Lands and Residue of the said Goods to be restored and discharged from Sequestration. And it is hereby Enacted and Ordained, That all and every the said Forfeitures so to be raised by the said respective Sub-Commissioners, shall be paid in by them to the said Treasurers, to be disposed of as other the Moneys to be raised by the said sale.

Trustees to sell any Lands contracted for, after forfeiture.

And it is further Enacted and Ordained, That after such Forfeiture incurred, it shall and may be lawful for any five or more of the said Trustees, to contract for, and sell all or any of the said Lands so contracted for, and not prosecuted, to any other person or persons, notwithstanding the former contract, as if it never had been made.

Worcester-House.

And be it further Enacted and Ordained, That the House in the Strand, commonly called Worcester-House, or some such other place as the said Trustees shall think fitting, shall be the place where the said several and respective persons shall and may transact the said Service, and put in execution this Act.

Tenants estate before 20 May 1642. to be allowed.

Provided nevertheless, That if any tenant had a good Estate before the said twentieth day of May, One thousand six hundred forty two, and hath surrendred the same for another Estate, the said former Estate shall be allowed unto the said tenant during the continuance thereof, the said Surrender so made in any wise notwithstanding.

Moneys payable at Goldsmiths Hall.

Provided also, That all Moneys payable by any Act, Order or Ordinance at Goldsmiths-Hall, or to the Treasurers thereof, shall be paid as formerly, until sale shall be made of the premises, this Act or any thing therein contained to the contrary in any wise notwithstanding.

Provision for Charls Fleetwood Esq; and Frances his wife.

Provided always, That this Act or any thing therein contained, shall not in any wise extend or be prejudicial unto, bar or take away the Right, Remainder, Reversion, Title or Demand of Charls Fleetwood Esq; and Frances his Wife, or either of them, their or either of their Heirs or Assignes, of, in or to the Manor of Armingland in the County of Norfolk, or the Manor of Wisset in the County of Suffolk, or of, in or to any other Manors, Lordships, Messuages, Lands, Tenements or Hereditaments, in the Counties of Norfolk or Suffolk, or either of them, heretofore belonging to Sir Owen Smith Knight, deceased, or whereof the said Sir Owen Smith was seized.

Penalty for Doubling upon forged Debentures.

Provided also, That if any person or persons shall double any sum of Money upon forged Debentures, or other false Certificates, or any other fraudulent way or means, and thereof shall be convicted by Oath before the Committee, within one year after such Doubling, every such person so offending, shall forfeit treble the said sum, the one Moyety thereof to the use of the Commonwealth, and the other Moyety to such persons or person as shall discover the same before the said Committee in this Act named, and shall be committed to prison, and his Estate sequestred by the said Committee, until payment thereof or discharge of his Imprisonment.

Claimes to be allowed before 29 Sept. 1651.

Provided always, and be it further Enacted, That all and every person or persons having any Estate, Right, Title or Interest, of, in or unto any the Lands, Tenements or Hereditaments, by this Act intended or mentioned to be put to sale, or that hath any Statute, Judgement, Recognizance or Rent, unto which such Lands are liable; and shall make it appear unto the Committee in this Act named, That such Estate, Right, Title, Interest, Statute, Judgement, Recognizance or Rent, were without fraud, and for good and valuable consideration, had, made and acknowledged before any Treason respectively committed by any of the Traytors in this Act named; and shall obtain an allowance thereof by the said Committee, before the Nine and twentieth day of September, One thousand six hundred fifty one, That then the same shall be good and effectual to such person or persons, their Heirs, Executors, Administrators and Assignes respectively, to all Intents and Purposes, according to the tenor thereof, Any thing in this Act to the contrary in any wise notwithstanding.

The Castle and Castle-Yard of Okeham excepted.

Provided always, That this Act or any thing therein contained, shall not extend to the Common-Hall or Yard, commonly called The Castle and Castle-Yard of Okeham in the County of Rutland, belonging lately to the Duke of Buckingham, which is and heretofore hath been the publique Place for the holding of the General Assizes and Sessions in that County, but be and remain for the accustomed use of the said County of Rutland.

Incumbrances how to be satisfied.

Provided nevertheless, and it is further Enacted, That in Recompence and Satisfaction of such Judgements, Statutes, Recognizances and other Incumbrances, as by the true Intent and Provision of this Act are to be satisfied, the said Trustees or any five or more of them, upon the return of the respective Surveys, are hereby impowered and authorized to set out such proportion of the Lands so surveyed, as will be sufficient to satisfie such Incumbrance and Incumbrances: And after such Incumbrances proved, and the Debts allowed of by the Committee in this Act named, to sell and convey such proportionable part of the said Lands so surveyed, to such Creditor or Creditors, or their Assignes, in recompence and satisfaction of such Incumbrance and Incumbrances, either for life, lives, years or in Fee; the said Trustees taking care in satisfying such Incumbrances, to satisfie the same in such priority and course, as the same ought to be satisfied by the Laws of this Land: And upon such Conveyance and Conveyances made, the said Creditor and Creditors, their Heirs, Executors, Administrators, or Assignes, shall acknowledge satisfaction upon Record, or otherwise release and discharge such Judgements, Statutes, Recognizances, and other Incumbrances respectively, as the Counsel of the said Trustees and for the Commonwealth, shall direct and advise; And such Acknowledgement, Release and Discharge shall be good and effectual in Law to discharge the said Debts and Incumbrances, as against the residue of the Lands intended to be sold by this Act, Any Law, Statute or Usage to the contrary in any wise notwithstanding.

Candle-wake Court setled on Joan Fitz-James and her heirs.

Provided always, and it is hereby Declared and Enacted, That this Act or any thing therein contained, shall not extend to that Capital Messuage, Farm or Tenement, known by the name of Candle-wake Court, in the Parish of Candle-wake, or Bishops Candle, both or one of them in the County of Dorset, heretofore belonging to the said George Lord Digby, and John Earl of Bristol, or one of them; nor to any of the Messuages, Buildings, Lands, Tenements and Hereditaments, to the said Farm belonging or appertaining, or taken, reputed or known, as part, parcel or member thereof, their or any of their Appurtenances; But that all the said Capital Messuage, Farm or Tenement, with all other the last mentioned premises, be, and are hereby granted, vested, setled and established, to and upon Joan Fitz-James, daughter of Leweson Fitz-James, of Leweson in the County of Dorset Esq; deceased, and her Heirs and Assignes for ever, to the onely proper use and behoof of her the said Joan Fitz-James, her Heirs and Assignes for ever, to be held of the Manor of East-Greenwich, in Free and Common Socage by Fealty onely.

Manor of Henden charged with 60 1. per annum to Margaret Hooker.

Provided always, and be it Enacted, That the Manor of Henden in the County of Middlesex, late the Lands of Sir Percy Herbert Knight, in the Bill mentioned, be charged with one Rent-Charge of Sixty pounds a year, during the Life of Margaret Hooker, the Relict and Widow of Nicholas Hooker, late Goldsmith and Citizen of London: And that the same be paid to her the said Margaret Hooker and her Assignes, upon the Four and twentieth day of June, the twenty ninth day of September, the twenty fifth of December, and upon the twenty fifth day of March, by equal portions: And in default of payment thereof, or any part thereof, the said Margaret shall and may from time to time distrain.

Judgements before 10 June, 1651. may be doubled.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, to and for all and every person and persons, who have and hath constantly adhered to this present Parliament, and shall prove before the Committee in this Act named, and obtain from them a Certificate, that he or they hath or have before the Tenth day of June, One thousand six hundred fifty and one, obtained a Judgement or Judgements against any of the persons whose Estates are hereby appointed to be sold, for any sum or sums of Money, Goods or Estate, forced, taken from, or plundered from such person or persons for adhering to the Parliament, o double all and every such sum and sums of Money, so recovered and certified by the said Committee upon this Act; and that the Trustees, Treasurers and Register-Accomptant in this Act named, do admit the same accordingly.

7000 l. to Taunton out of Sir John Stowels Estate.

Provided always, That notwithstanding this Act or any thing therein contained, the sum of seven thousand pounds be satisfied to the Town of Taunton, towards the Reparations of their great losses and sufferings, out of the Estate of Sir John Stowel Knight of the Bath; And that the Trustees appointed by this Act, do convey unto such Trustees as shall be named by the Mayor and Burgesses of the said Town, so much of the Lands of the aforesaid Sir John, by this Act exposed to sale, as shall amount unto the full value of seven thousand pounds, to be sold by the said Trustees, and the Moneys thereby raised, to be distributed according to the Votes of Parliament in that behalf.

One Moyety of Cuthbert Morleys Estate to Laurance Maidwel.

Provided always, and be it Enacted by this present Parliament, That one Moyety in severalty of all and singular the Manors, Lands, Tenements and Hereditaments whatsoever of Cutbert Morley in this Act named, shall by the Trustees herein before named, be conveyed and assured unto Laurence Maidwel Esq; and to his Heirs, the discoverer of the said Estate, or to such person or persons, and to his and their Heirs, as he shall nominate and appoint, as a Recompence for the said discovery, any thing in these Presents contained to the contrary notwithstanding; And that the other Moyety of the Lands, Tenements and Hereditaments, be by them sold and disposed of, to and for the use, benefit and behoof of the Committee of the Navy, to be by them imployed, in and about the Navy, in such maner as they shall direct and appoint, Any thing herein to the contrary notwithstanding.

Provision for James Powel.

Provided always, That the said Trustees shall have power to sell unto James Powel, his Heirs and Assignes, Lands to the value of One thousand and three hundred pounds, as for doubled Moneys out of the Lands and Estate of Sir John Stowel in this Act named, any thing in this Act to the contrary in any wise notwithstanding.

Provision for Margaret Rainborow.; Lands of 1001. per annum to Nathaniel Hallows.

Provided also, That this Act or any thing therein contained, do not extend to the taking away of the sum of three thousand pounds formerly conferred by the Parliament upon Margaret Rainborow, the Widow of Colonel Thomas Rainborow deceased, and upon his son William Rainborow, to be so setled out of the Estate of Richard Thornhil of Olentight in the County of Kent Esq; now Ordered to be sold; But that it may be lawful for the said Margaret, before any disposal of any part of the Estate, to purchase so much thereof, or of the Estate of any other Delinquent hereby appointed to be sold, as shall amount to the said sum of three thousand pounds, according to the rate of ten years purchase for Lands in Possession, and for Lands in Reversion proportionably, allowing the said three thousand pounds upon the said Purchase as ready Money: And the Trustees and Contractors therein named, are hereby authorized and required, to contract with, and assure unto the said Margaret, to the use of her the said Margaret and her Heirs for ever, Lands, Tenements and Hereditaments, out of the said Estate, to the value of two thousand pounds at the rate aforesaid, for and towards the payment of the Debts of the said Colonel Thomas Rainborow; and likewise to Contract with, Convey and Assure unto the said Margaret Rainborow, to the use of her said son William Rainborow, and the Heirs of his Body, Lands, Tenements and Hereditaments, out of the said Estate at the rate aforesaid, to the value of One thousand pounds. And in case it shall happen, that the said William Rainborow shall die without any Heirs of his Body lawfully begotten, then the said Lands, and Tenements, and Hereditaments to be to the use of the said Margaret Rainborow, and her Heirs for ever. And the Trustees and Contractors therein named, are hereby authorized and required to accept of the Discharge of the said Margaret Rainborow, under her Hand and Seal, in full satisfaction for three thousand pounds.

Provided always, That the Trustees and Contractors in this Act named, shall and do bargain, sell and convey unto Nathaniel Hallows Esq; and his Heirs for ever, Lands and Tenements of the clear yearly value beyond Reprizes, of One hundred pounds, out of the Lands and Tenements by this Act intended and appointed to be sold, in full compensation of One thousand pounds Debt, and his Damages, Any thing in this Act to the contrary in any wise notwithstanding.

Wallingford House reserved for the Commonwealths use.

Provided always, That after the Expiration or other Determination of a Lease made to the Lord Howard of Estrick by the Commissioners of Goldsmiths Hall, of Wallingford House, with the Appurtenances lying in the City of Westminster, late the Inheritance of George Duke of Buckingham in this Act named; The same shall be, and remain for ever, to the use of the Commonwealth, to be disposed as the Parliament shall order and appoint, Any thing in this Act to the contrary in any wise notwithstanding.

Provision for L. John Chaning.

Provided always, That this Act shall not extend to that Copyhold-Tenement, in Froom Vawchurch in the County of Dorset, in which Lieutenant John Chaning had formerly his life; But that the Copyhold of the said Tenement be filled up with the lives of the two sons of the said Lieutenant John Chaning; And the Trustees in this Act named, are hereby authorized to fill up the said Copyhold as aforesaid.

500 l. per annum to be setled on Carew Raleigh Esqr. out of the Earl of Bristols estate.; .

Provided always, and be it Enacted by this present Parliament, and by the Authority thereof, That the Trustees aforesaid in and by this Act named, upon reasonable request to them, or any four or more of them, made by Carew Raleigh Esq; son and heir of Sir Walter Raleigh Knight deceased, shall be authorized and required, of the late Lands, Tenements and Hereditaments of John Earl of Bristol, or George Lord Digby, to convey unto, and to setle upon the said Carew Raleigh and his Heirs, so much and so many Lands, Tenements and Hereditaments, as shall amount unto the clear yearly value of Five hundred pounds per annum, over and above all Reprizes, for and in full satisfaction and discharge of one yearly Pension and Annuity of Four hundred pounds per annum, for divers years in arrear and unpaid, and due and payable for great and valuable considerations unto the said Carew Raleigh, for the term of his natural Life, out of the Publique Exchequer, Lands and Revenues of this Commonwealth: And that for and in consideration of the said Lands and Tenements, so to be passed, conveyed and setled, to and upon the said Carew Raleigh and his Heirs, he the said Carew Raleigh shall give and pay no further or other consideration whatsoever; but the said Trustees in and by this Act named, shall pass, convey and settle the said Lands and Tenements, as if purchase thereof had been made by Bills transferred, or doubled moneys, according to the directions in the said Act given and appointed.

Certain Manors reserved to Henry Lord Herbert and his heirs, after his fathers death.; The value of the said Manors.; Manors setled by Act of Parliament on Oliver Cromwel, Lord Lieutenant of Ireland

Provided always, and be it Enacted by the Authority aforesaid, That this present Act, or any thing therein contained, shall not extend unto the Manor of Pellenny, the Manors of Monmouth and Wysham, the Manors of Purcasseck and Trellects-Grange, the Manors, Castles and Demeasns of the Manors and Castles of Grismont, St. Kenfreth, Monmouth and White-Castle, the Lands and Tenements called Bettus and Perlloyd, all which are in the County of Monmouth; nor to the Manor of Crookham in the County of Berks; nor to the Manor of Kendal in the County of Westmerland; nor to the Manors of Shobden and Polton in the County of Hereford: but that the same (the Lands reputed parcel of the said Manors of Purcasseck and Trellects-Grange, or one of them called Crymlands, formerly granted or intended to be granted in the hereafter mentioned Act to Oliver Cromwel and his Heirs onely excepted) be they Manors, Lordships, or but reputed or named Manors or Lordships; and by whatsoever name or names the same intended premises are called or known, and the Lands, Tenements and Hereditaments, being or reputed to be parcel of, appertaining to, or occupied or enjoyed with any of them, shall be and remain for and during the natural life onely of Edward Lord Herbert of Ragland, now called Earl of Worcester, as forfeited unto the Commonwealth; and for and during the life of the said Edward, shall and may be disposed of by vertue of this Act; and immediately from and after the death of the said Edward, or other determination of that particular Estate during his life, the same shall remain and be unto Henry called Lord Herbert, son and heir apparent of the said Edward, and unto his heirs; which said Manors and premises estimated to be of the yearly value of One thousand seven hundred pounds twelve shillings and ten pence, shall from henceforth as a Remainder onely, and not to take effect in possession till after the Death of the said Edward, or other Determination of the said particular Estate during his Life, be, and remain unto the said Henry called Lord Herbert, and his Heirs, in lieu and recompence of all such Right or pretence of Right, as the said Henry called Lord Herbert hath, or any his Heirs or Issues, may have, of, in or to any the Manors, Lordships, Lands, Tenements and Hereditaments herein after mentioned; that is to say, The Manors of Chalton alias Chanton, Clanfield, Catherinton and Blendworth, in the County of Southampton, with their and every of their Rights, Members and Appurtenances; the Advowsons and Rights of Patronage to the Churches of the Parishes of Chalton alias Chanton, Clanfield, Catherinton and Blendworth, in the said County of Southampton, and all other the Manors, Lands, Tenements, Tythes, Advowsons, Rights, Right of Action, Titles of Entry, Conditions and Hereditaments of Henry late Earl of Worcester, Edward Lord Herbert, Sir Charls Somerset, and Sir John Somerset, or any of them within the said County of Southampton; the Manors of Tydenham and Wollaston, situate, lying and being in the County of Glocester, with their and every of their Rights, Members and Appurtenances, the Advowsons and Rights of Patronage of the Churches of the Parishes of Tydenham, Wollaston and Alvington, in the said County of Glocester; the several and free Fishings and Wears in the Rivers of Wye and Severn in the said County of Glocester; the Manors and Lordships of Chepstow alias Stragul, alias Struggle, Barton alias Pentherry, Hardwick, St. Kynmarks and Crymland, with their and every of their Rights, Members and Appurtenances in the County of Monmouth; the Advowsons and Rights of Patronage of the several Churches of the several Parishes of Chepstow, Pentherry, St. Arvans, New-Church and Lamsham, in the said County of Monmouth, with their and every of their Rights, Members and Appurtenances, the Lands, Tenements and Hereditaments, called or known by the name of Chepstow-Grange, with the Rights, Members and Appurtenances thereof, in the said County of Monmouth; the Lands, Tenements and Hereditaments, called or known by the name of Fryth-wood and Barnets-wood, with their and every of their Rights, Members and Appurtenances, lying and being in the Parishes, Fields and Territories of St. Arvan, Howick, Newchurch, Chepstow and Mathern, some or one of them in the said County of Monmouth; the Manors and Lordships of Magor Regis, Redwick, Moors Court, Miles Court, Marthering Ringes alias Marthingeringes-Grange, with their Rights, Members and Appurtenances in the said County of Monmouth; the Advowsons and Rights of Patronage to the Churches of the several Parishes of Magor and Redwick, with their Rights, Members and Appurtenances in the County of Monmouth; and also the Manors and Lordships of Anglicana Gower, Wallicana Gower, Swansey, Kilvey, Supraboscos, Subboscos, Oystermouth, Pennard, Lougher, Kythal alias Kitle, Trewithrah alias Triveday and Lunnon alias Ilston, with their and every of their Rights, Members and Appurtenances in the County of Glamorgan; and also the Advowsons and Rights of Patronage of the Churches of the several Parishes of Gower and Swansey, with their and either of their Rights, Members and Appurtenances; All which, together with all Priviledges, Powers, Freedoms, Rights, Liberties and Immunities, granted, mentioned and expressed in one Act made this present Parliament, Entituled, An Act for setling certain Manors, Lands and Tenements upon Oliver Cromwel, Lord Lieutenant of Ireland, and his Heirs, are by authority of this present Act discharged of all pretence of Right, made or to be made by the said Henry called Lord Herbert.

Former Act ratified.

And it is hereby Ordained and Enacted, That the said former Act stand, and be in all things ratified and confirmed; and that the said Oliver Cromwel and his Heirs and Assigns, and such person and persons to whom he hath made any Conveyance or Assurance of the premises or any part thereof, since the Seventh day of February, in the year of our Lord, One thousand six hundred forty and five, according to the effect and meaning of such Conveyance, shall hold and enjoy the Manors, Lands, Tenements and Hereditaments last above mentioned, according to the said recited or mentioned Act, and with the respective Discharges, Advantages. Savings and Provisions in the said recited Act contained, and further discharged of all and every the Estate, Right, Title, Interest, Claim, Reversion, Remainder and Demand whatsoever, of him the said Lord Herbert, or of the heir or heirs of the body, or heirs male of the body, or issues of the body of him the said Henry Lord Herbert; and also discharged of all such Estates, Rights, Titles, Charges, Remainders, Possibilities, Expectancies and Demands whatsoever, which he the said Henry Lord Herbert, by any common Recovery duly had against him, as Tenant or Voucher, or by any other means, could, might or may, or can cut off or bar, in case no such forfeiture had been.

Saving.

And that whereas the said Henry Lord Herbert hath propounded his readiness and willingness, in respect of the said recompence, to do or consent unto any Act, for the further assuring of the premises, so as aforesaid setled upon the said Oliver Cromwel; and in pursuance thereof, he the said Henry Lord Herbert hath by his Deed, under his Hand and Seal, confirmed the premises to the said Oliver Cromwel and his heirs; It is hereby further Enacted, That the same Deed of Confirmation, according to the purport thereof, shall in all things stand firm and binding unto the said Henry Lord Herbert and his heirs for ever. Saving to all and every person and persons, Bodies Politique and Corporate, their heirs and successors (other then the said Henry Earl of Worcester, and Edward Earl of Worcester, Sir Charls Somerset and Sir John Somerset) and all and every person and persons having any Estate in the premises hereby setled upon the said Lord Herbert, by, from or under them or any of them since the Twentieth day of May, in the year of our Lord, One thousand six hundred forty and one, and other then the Estate and Title accrued to the Commonwealth, All such Estate, Right, Title, Interest, as they had or might have in the premises by this present Act setled as aforesaid, upon the said Henry Lord Herbert, as if this Act had not been had or made.

Lands of One hundred and fifty pounds per annum to be settled on George Wither,

Provided always, and be it further Enacted, That the Trustees in this Act named, shall bargain and sell unto George Wither Esq; his Heirs and Assigns for ever, Lands, Tenements and Hereditaments, of the clear yearly value beyond all Reprizes, of One hundred and fifty pounds out of the Estate of John Denham in this Act named, according to an Order of Parliament of the Second of January, One thousand six hundred and fifty, Any thing in this Act to the contrary in any wise notwithstanding.

and one hundred pounds per annum to be setled on Thomas Foxley.

Provided always, and be it further Enacted, That the Trustees in this Act named, shall convey unto Thomas Foxley, his Heirs and Assigns for ever, Lands, Tenements and Hereditaments, appointed by this Act to be sold, to the clear yearly value of one hundred pounds per annum, Any thing in this Act to the contrary notwithstanding.